Philippine Bar review · Question

Practice question: Residual Jurisdiction

Essay Hard

Practice question

A proper residual-stage motion seeks execution pending appeal, but no good reasons are stated in a special order. Explain why residual jurisdiction alone is insufficient.

Legal references

  • Rules41 Section9,42 Section8 and39 Section2, continuing appellate provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • Supreme Court2019 Civil Procedure text, Rules39–42: https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf

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